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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Notices]
[Pages 104513-104515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30577]

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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

Request for Information: Child Nutrition Programs Tribal Pilot 
Projects

AGENCY:  Food and Nutrition Service (FNS), USDA.

ACTION: Notice; request for information.

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SUMMARY: This is a Request for Information to inform the U.S. 
Department of Agriculture's (USDA's) development of the Child Nutrition 
Programs Tribal Pilot Projects, as authorized in the Consolidated 
Appropriations Act, 2024. The Act authorized USDA to conduct pilot 
projects to allow one or more Tribes or Tribal organizations to 
administer one or more Child Nutrition Programs, assuming the roles and 
responsibilities typically held by State agencies. USDA will use 
comments received in response to this Request for Information to inform 
the application process, and eligibility and selection criteria, for 
the Child Nutrition Tribal Pilot Projects. USDA invites feedback from 
Tribes; Tribal organizations, leaders, representatives, and 
associations; State agencies that administer the Child Nutrition 
Programs; and others interested in opportunities to promote Tribal 
sovereignty in the operation of the Child Nutrition Programs. This 
notice is not a request for proposals and does not commit the 
Government to issue a solicitation, make an award, or pay any costs 
associated with responding to this announcement. All submitted 
information will remain with the Government and will not be returned.

DATES: Written comments must be received on or before March 24, 2025.

ADDRESSES: USDA invites the submission of the requested information 
through one of the following methods:
     Federal eRulemaking Portal (preferred method): Go to 
http://www.regulations.gov. Follow the online instructions for 
submitting comments.
     Mail: Send written comments to the Child Nutrition 
Programs, USDA Food and Nutrition Service, Braddock Metro Center II, 
1320 Braddock Place, Alexandria, VA 22314.
    All comments submitted in response to this Request for Information 
will be

[[Page 104514]]

included in the record and will be made available to the public. Please 
be advised that the substance of the comments and the identity of the 
individuals or entities submitting the comments will be subject to 
public disclosure. All responses will become part of the public record 
and will not be held confidential. USDA will make the comments publicly 
available via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Heather Hopwood, School Meals Policy 
Division, Child Nutrition Programs, USDA Food and Nutrition Service, 
703-305-2054.

SUPPLEMENTARY INFORMATION:

Child Nutrition Programs Administration

    Federal Child Nutrition Programs are administered by the U.S. 
Department of Agriculture (USDA) Food and Nutrition Service (FNS) and 
help to ensure that participants have access to nutritious meals and 
snacks in schools, summer programs, child and adult care centers, 
family day care homes, and afterschool programs.
    Administering the Child Nutrition Programs requires partnership at 
many levels. The Richard B. Russell National School Lunch Act specifies 
that the Federal Government enters into agreements with State agencies 
to administer the Child Nutrition Programs within each State.\1\ USDA 
provides administrative funds to State agencies that administer the 
Child Nutrition Programs.\2\ State agencies, in turn, establish 
agreements with local Program operators, such as school districts and 
community organizations, which operate the Child Nutrition Programs and 
serve meals to child and adult participants in their communities. State 
agencies establish statewide policies and procedures for administering 
the Child Nutrition Programs, consistent with Federal requirements; 
provide policy guidance, training, and technical assistance to local 
Program operators; monitor key aspects of performance by conducting 
comprehensive reviews; and report consolidated meal counts to FNS for 
reimbursement funds. FNS provides reimbursement to the State agencies, 
and State agencies are responsible for paying the Federal reimbursement 
to each local Program operator, including Tribal Program operators. In 
some States, more than one State agency administers the Child Nutrition 
Programs. For example, in a single State, one State agency may 
administer the National School Lunch Program, while another State 
agency administers the Child and Adult Care Food Program. Nationwide, 
there are 70 State agencies that administer the Child Nutrition 
Programs. Under the Tribal Pilot Projects, Tribes and/or Tribal 
organizations will directly administer one or more Child Nutrition 
Programs, assuming the roles and responsibilities typically held by 
State agencies.
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    \1\ For more information, see the Richard B. Russell National 
School Lunch Act, 42 U.S.C. 1756.
    \2\ For more information about State Administrative Expense 
Funds, see 7 CFR part 235, available at: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-235.
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Child Nutrition Tribal Pilot Projects

    Section 758 of the Consolidated Appropriations Act, 2024, Public 
Law 118-42 (``The Act''), provided $2 million for Tribal Pilot Projects 
that will permit Indian Tribes and/or Tribal organizations to 
administer Child Nutrition Programs, assuming the roles and 
responsibilities typically held by State agencies.\3\ The Act 
authorized a maximum of 10 Tribal Pilot Projects, to operate for up to 
two years, with grants ranging from $10,000-$100,000 per school year. 
The Act specifies that the following entities may operate Tribal Pilot 
Projects:
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    \3\ ``Indian Tribe'' has the meaning given the term in section 4 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5304).
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     an Indian Tribe, as defined by section 4 of the Indian 
Self-Determination and Assistance Act (25 U.S.C. 5304);
     a Tribal organization approved by an Indian Tribe;
     a Tribal educational agency;
     a consortium of Indian Tribes; or
     a partnership between an Indian Tribe and either:
    [cir] a State educational agency,
    [cir] a local educational agency,
    [cir] a Tribal educational agency, or
    [cir] the Bureau of Indian Education.
    Grantees may administer one or more of the following Child 
Nutrition Programs:
     National School Lunch Program, as authorized by the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1769, 
``NSLA'');
     School Breakfast Program, established by the Child 
Nutrition Act of 1966 (42 U.S.C. 1773);
     Child and Adult Care Food Program, as established under 
section 17 of the NSLA (42 U.S.C. 1766); and/or
     Summer Food Service Program, as established under section 
13 of the NSLA (42 U.S.C. 1761).
    Finally, grantees may administer Child Nutrition Programs in the 
following locations:
     a school funded by the Bureau of Indian Affairs (as 
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 
2021)); \4\
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    \4\ The Education Amendments of 1978 (25 U.S.C. 2021) defines 
the term ``Bureau-funded school'' to mean (A) a Bureau school; (B) a 
contract or grant school; or (C) a school for which assistance is 
provided under the Tribally Controlled Schools Act of 1988 [25 
U.S.C. 2501 et seq.].
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     a school (as defined in section 12(d) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1760(d)) that is on or 
near an Indian reservation; or
     an early child care and education facility.

Input From Tribal Communities

    Tribal input is critical to ensure that the Tribal Pilot Projects 
reflect the needs of grantees and the communities they serve. In June 
2024, FNS engaged in Nation-to-Nation consultation with Tribal leaders 
to gather input on the Tribal Pilot Projects. This input also helped to 
develop this Request for Information.\5\ To gather additional input, 
FNS will organize meetings and listening sessions with Tribes, groups 
that represent Tribal food sovereignty, Tribal Child Nutrition Program 
operators, and State agencies that administer Child Nutrition Programs 
in States that share boundaries with present-day reservations.
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    \5\ FNS participated in a Nation-to-Nation Consultation with 
Tribal leaders on Self-Determination in Food on June 5, 2024, at the 
National Congress of American Indians' Mid-Year Convention in 
Cherokee, North Carolina. Additional information is available at: 
https://www.usda.gov/sites/default/files/documents/usda-food-self-determination-framing-paper.pdf.
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    FNS will use information gathered in response to this request to 
develop a process under which eligible Tribes and/or Tribal 
organizations may apply to operate a Tribal Pilot Project. This Request 
for Information will also help FNS understand what (if any) support 
eligible Tribes and Tribal organizations may need to successfully 
operate a Tribal Pilot Project, and to determine how the Tribal Pilot 
Projects will be evaluated.

Maximizing the Value of Public Feedback

    USDA invites commenters to respond to any or all of the questions 
below. Responses to the questions below will be especially helpful to 
FNS as the Agency works to implement the Child Nutrition Tribal Pilot 
Projects.\6\ FNS

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encourages public comment on these questions and seeks any other 
information relevant to the Child Nutrition Tribal Pilot Projects. FNS 
seeks public input to ensure that the Tribal Pilot Projects support 
Tribal sovereignty and nutrition security and best serve the 
communities in which they will operate. With these general interests in 
mind, FNS seeks input on the following questions:
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    \6\ Section 758 of the Consolidated Appropriations Act, 2024, 
Public Law 118-42 provides $2 million for pilot projects to Tribes 
and/or Tribal organizations to operate Child Nutrition Programs as 
State agencies. The Act authorized a maximum of 10 pilot projects, 
to operate for up to two years, in Bureau of Indian Education-funded 
schools, schools on or near Indian reservations, or in early child 
care and education facilities. Grants from $10,000-$100,000 per 
school year are authorized.
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Questions for Commenters

    1. The Consolidated Appropriations Act, 2024, identifies the 
entities that may operate and implement the Tribal Pilot Projects. 
What, if any, additional criteria should be established for a Tribe 
and/or Tribal organization to be considered eligible to participate in 
the pilot projects?
    2. Are there any specific criteria that should be prioritized in 
the selection process? For example, should FNS give priority to a Tribe 
or Tribal organization with experience operating a Child Nutrition 
Program, or other FNS nutrition assistance program, or to a pilot 
project that is implemented by a group of Tribes or Tribal 
organizations?
    3. A Tribe or Tribal organization may partner with a State 
educational agency, a local educational agency, a tribal educational 
agency, or the Bureau of Indian Education to administer Child Nutrition 
Programs.
    a. How might Tribes or Tribal organizations partner with each of 
these entities?
    b. Should FNS consider any criteria or parameters regarding 
partnerships?
    4. Considering the State agency roles and responsibilities 
referenced in the Child Nutrition Programs Administration section of 
this Request for Information, what support (if any) might Tribes and 
Tribal organizations need to implement the Tribal Pilot Projects and 
administer one or more Child Nutrition Programs?
    5. Given the amount of funding available and timeframe for 
implementation, should FNS:
    a. Limit grantees to administering only one Child Nutrition 
Program?
    b. Permit grantees to administer only part of a Child Nutrition 
Program? If yes, what opportunities or challenges might partial 
administration present?
    6. How can FNS best ensure that Tribes or Tribal organizations have 
access to staff, technology, and financial support needed to 
successfully administer Child Nutrition Programs?
    7. Should FNS fund as many pilot projects as possible (up to 10) in 
the first year? Or should FNS fund a limited number of projects in the 
first year, with future projects funded in subsequent years, to 
incorporate best practices and lessons learned as pilot projects 
evolve?
    8. What outcomes should FNS measure to evaluate the Tribal Pilot 
Projects? How should FNS measure sustainability or feasibility of long-
term implementation?
    9. Is there anything else FNS should consider when implementing the 
Tribal Pilot Projects?
    Disclaimers: This is a Request for Information. This is not a 
Request for Proposals or a Request for Applications and is not to be 
construed as a commitment by the U.S. Government to issue any 
solicitation or Notice of Funding Opportunity, or ultimately award a 
contract or assistance agreement based on this Request for Information, 
or to pay for any information voluntarily submitted as a result of this 
request. The USDA posts its competitive business opportunities on 
www.grants.gov. It is the potential offeror's/applicant's 
responsibility to monitor these sites for announcements of new 
opportunities. Please note that responding to this Request for 
Information will not give any advantage to any organization or 
individual in any subsequent competition. Responses may be used by USDA 
without restriction or limitation, therefore proprietary information 
should not be sent.
    Collection of Information Requirements: This document does not 
impose information collection requirements, that is, reporting, 
recordkeeping or third-party disclosure requirements. However, this 
document does contain a general solicitation of comments in the form of 
a Request for Information. In accordance with implementing regulations 
of the Paperwork Reduction Act of 1995, specifically 5 CFR 
1320.3(h)(4), this general solicitation is exempt from the Paperwork 
Reduction Act. Facts or opinions submitted in response to general 
solicitations of comments from the public, published in the Federal 
Register or other publications, regardless of the form or format 
thereof, provided that no person is required to supply specific 
information pertaining to the commenter other than that necessary for 
self-identification, as a condition of the Agency's full consideration, 
are not generally considered information.

Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition 
Service.
[FR Doc. 2024-30577 Filed 12-20-24; 8:45 am]
BILLING CODE 3410-30-P
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